[Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Notices]
[Page 38499-38506]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Request for Proposals (RFP): Farm Labor Housing Technical
Assistance Grants
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
SUMMARY: This RFP announces an availability of funds and the timeframe to
submit proposals for Farm Labor Housing Technical Assistance (FLH- TA)
grants.
Section 516 of the Housing Act of 1949 authorizes the Rural Housing
Service (RHS) to provide financial assistance (grants) to eligible private
and public nonprofit agencies to encourage the development of domestic and
migrant farm labor housing projects. This RFP requests proposals from
qualified private and public nonprofit agencies to provide technical
assistance to groups who qualify for FLH loans and grants.
Work performed under these grants is expected to result in an
increased submission of applications for farm labor housing loans and
grants under the section 514 and 516 programs and in an increase of the
availability of decent, safe, and sanitary housing for farm laborers.
DATES: The deadline for receipt of all applications in response to this
RFP is 5:00 p.m., Eastern Daylight Time, on August 21, 2000. The
application closing deadline is firm as to date and hour. RHS will not
consider any application that is received after the closing deadline.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX), COD, and postage due applications will not be accepted.
ADDRESSES: Applications should be submitted to the USDA--Rural Housing
Service; Attention: Douglas MacDowell; Multi-Family Housing Processing
Division--STOP 0781, Washington, DC 20250-0781. RHS will date and time
stamp incoming applications to evidence timely receipt and, upon request,
will provide the applicant with a written acknowledgement of receipt.
FOR FURTHER INFORMATION CONTACT: Sue M. Harris-Green, Deputy Director,
Multi-Family Housing Processing Division--Direct Loans, RHS, USDA, Room
1241, South Building, 1400 Independence Ave. SW., Washington, DC 20250-
0781, telephone (202) 720-1604. (This is not a toll free number.)
SUPPLEMENTARY INFORMATION: The technical assistance grants authorized
under section 516 are for the purpose of encouraging the development of
domestic and migrant farm labor housing projects under sections 514 and
516 of the Act. Proposals must demonstrate the capacity to provide the
intended technical assistance.
The RHS intends to award one grant for each of three geographic
regions. When establishing the three regions, consideration was given
to such factors as farmworker migration patterns and the similarity of
agricultural products and labor needs within certain areas of the
United States. A single applicant may submit grant proposals for more
than one region; however, separate proposals must be submitted for each
region.
Eastern Region: AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, NH, NJ, NY,
NC, OH, PA, PR, RI, SC, TN, VI, VT, VA, WV.
Central Region: AR, IL, IA, KS, LA, MI, MN, MS, MO, NE, ND, OK, SD,
TX, WI.
Western Region: AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY,
and the Pacific Territories.
Funding
The RHS has the authority to utilize up to ten (10) percent of its
section 516 appropriation for FLH-TA grants. The total FY 2000
appropriation for section 516 is $13,500,000. Therefore, the total
amount of the FY 2000 appropriation that is available for FLH-TA grants
is $1,350,000. Of that amount, up to $506,250 will be available for
each of the Eastern and Western Grant Regions and up to $337,500 of the
remaining funds will be available for the Central Grant Region. Work
performed under these grants must be completed within three years of
entering into the grant agreement provided as Appendix A to this
Notice. The disbursement of grant funds during the grant period will be
contingent upon the grantee making progress in meeting the minimum
performance requirements as described in the Scope of Work section of
this notice, including, but not limited to, the submission of loan
application packages.
Eligibility
Eligibility for grants under this notice is limited to private and
public nonprofit agencies. Grantees must have the knowledge, ability,
technical expertise, or practical experience necessary to develop and
package loan and grant applications for FLH under the section 514 and
516 programs (see the Application Requirements section of
[[Page 38500]]
this notice). In addition, grantees must possess the ability to
exercise leadership, organize work, and prioritize assignments to meet
work demands in a timely and cost efficient manner. The grantee may
arrange for other nonprofit agencies to provide services on its behalf;
however, the RHS will expect the grantee to provide the overall
management necessary to ensure the objectives of the grant are met.
Nonprofit agencies acting on behalf of the grantee must also meet the
eligibility requirements stated above.
Scope of Work
Minimum Performance Requirements
(1) Grantees shall conduct outreach to broad-based nonprofit
organizations, nonprofit organizations of farmworkers, federally
recognized Indian tribes, agencies or political subdivisions of State
or local government, public agencies (such as housing authorities) and
other eligible organizations to further the section 514 and 516 FLH
programs. Grantees will make at least twelve informational
presentations to the general public annually to inform them about the
section 514 and 516 FLH programs.
(2) Grantees shall conduct at least twelve one-on-one meetings
annually with groups who are interested in applying for FLH loans or
grants and assist such groups with the loan and grant application
process.
(3) Grantees shall assist loan and grant applicants secure funding
from other sources for the purpose of leveraging those funds with RHS
funds.
(4) Grantees shall provide technical assistance during the
development and construction phase of FLH proposals selected for
funding.
(5) When submitting a grant proposal, applicants need not identify
the geographic location of the places they intend to target for their
outreach activities, however, applicants must commit to targeting at
least five areas within the grant proposal's region. All targeted areas
must be distinct market areas and not be overlapping. At least four of
the targeted areas must be in different States. If the proposal is
selected for funding, the applicant will be required to consult with
each Rural Development State Director in the proposal's region for the
purpose of developing their list of targeted areas. When determining
which areas to target, consideration will be given to (a) the total
number of farmworkers in the area, (b) the number of farmworkers in
that area who lack adequate housing, (c) the percentage of the total
number of farmworkers that are without adequate housing, and (d) areas
which have not recently had a section 514 or 516 loan or grant funded
for new construction. In addition, if selected for funding, the
applicant will be required to revise their Statement of Work to
identify the geographic location of the targeted areas and will submit
their revised Statement of Work to the National Office for approval.
When submitted for approval, the applicant must also submit a summary
of their consultation with the Rural Development State Directors. At
grant closing, the revised Statement of Work will be attached to, and
become a part of, the grant agreement.
(6) During the grant period, each grantee must submit a minimum
number of loan application packages to the Agency for funding
consideration. The minimum number shall be the greater of (a) at least
nine loan application packages for the Eastern and Western Regions and
at least seven for the Central Region or, (b) a total number of loan
application packages that is equal to 70 percent of the number of areas
the grantee's proposal committed to targeting. Fractional percentages
shall be rounded up to the next whole number. For example, if the
grantee's proposal committed to targeting 13 areas, then the grantee
must submit at least ten loan application packages during the grant
period (13 areas x 70 percent = 9.1 rounded up to 10). The
disbursement of grant funds during the grant period will be contingent
upon the grantee making progress in meeting this minimum performance
requirement. More than one application package for the same market area
will not be considered unless the grantee submits documentation of the
need for more than one FLH facility.
(7) Provide training to applicants of FLH loans and grants to
assist them in their ability to manage FLH.
Application Requirements
The application process will be in two phases; the initial
application (or proposal) and the submission of a formal application.
Only those proposals that are selected for funding will be invited to
submit formal applications. All proposals must include the following:
1. A summary page listing the following items. This information
should be double-spaced between items and not be in narrative form.
a. Applicant's name,
b. Applicant's Taxpayer Identification Number,
c. Applicant's address,
d. Applicant's telephone number,
e. Name of applicant's contact person, telephone number, and
address,
f. Amount of grant requested, and
g. The FLH-TA grant region for which the proposal is submitted
(i.e., Eastern, Central, or Western Region).
2. A narrative describing the applicant's ability to meet the
eligibility requirements stated in this notice. If the applicant
intends to have other agencies working on their behalf, the narrative
must identify those agencies and address their ability to meet the
stated eligibility requirements.
3. A detailed Statement of Work covering a three year period that
contains measurable monthly and annual accomplishments. The applicant's
Statement of Work is a critical component of the selection process. The
Statement of Work must include an outreach component describing the
grantee's activities to inform potentially eligible groups about the
section 514 and 516 FLH program. The outreach component must include a
schedule of their planned outreach activities and must be included in a
manner so that performance can be measured. In addition, the outreach
activities must be coordinated with the appropriate RHS State office
and meet the minimum performance requirements as stated in the Scope of
Work section of this notice. The Statement of Work must state how many
areas the applicant will target for their outreach activities (Note: If
selected for funding, the applicant will be required to revise their
Statement of Work, after consultation with RD State Directors, to
identify the areas that will be targeted). The Statement of Work must
also include a component for training organizations on the application
process and the long-term management of FLH. The Statement of Work will
also describe the applicant's plans to access other funding for the
development and construction of FLH and their experience in obtaining
such funding. The Statement of Work must describe any duties or
activities that will be performed by other agencies on behalf of the
grantee.
4. An organizational plan that includes a staffing chart complete
with name, job title, salary, hours, timelines, and descriptions of
employee duties to achieve the objectives of the grant program.
5. Organizational documents and financial statements to evidence
the applicant's status as a properly organized private or public
nonprofit agency and the financial ability to carry out the objectives
of the grant program. If other agencies will be working on behalf of
the grantee, working agreements between the grantee and those agencies
must be submitted as
[[Page 38501]]
part of the proposal and any associated cost must be included in the
applicant's budget. Organizational and financial statements must also
be submitted as part of the application for any agencies that will be
working on behalf of the grantee to document the eligibility of those
organizations.
6. A detailed budget plan projecting the monthly and annual
expenses the grantee will incur. Costs will be limited to those that
are allowed under 7 CFR parts 3015, 3016 and 3019.
7. To assure that funds are equitably distributed and that there is
no duplication of efforts on related projects, all applicants are to
submit a list of projects they are currently involved with, whether
publicly or privately supported, that are, or may be, related to the
objectives of this grant. In addition, the same disclosure must be
provided for any agencies that will be working on behalf of the
grantee.
8. The applicant must include a narrative describing its knowledge,
demonstrated ability, or practical experience in providing training and
technical assistance to applicants of loans or grants for the
development of multi-family or farmworker housing. The applicant must
identify the type of assistance that was applied for (loan or grant,
tax credits, leveraged funding, etc.), the number times they have
provided such assistance, and the success ratio of their applications.
In addition, information must be provided concerning the number of
housing units, their size, their design, and the amount of grant and
loan funds that were secured.
9. A narrative describing the applicant's knowledge and
demonstrated ability in estimating development and construction costs
of multi-family or farm labor housing and for obtaining the necessary
permits and clearances.
10. A narrative describing the applicant's ability and experience
in overcoming community opposition to farm labor housing and describing
the methods and techniques that they will use to overcome any such
opposition, should it occur.
11. A separate one-page information sheet listing each of the
``Application Scoring Criteria'' contained in this notice, followed by
the page numbers of all relevant material and documentation that is
contained in the proposal that supports these criteria.
Application Scoring Criteria
The initial application (or proposal) evaluation process designed
for this RFP will consist of two phases. The first phase will evaluate
the applicant's Statement of Work and the degree to which it sets forth
measurable objectives that are consistent with the objectives of FLH-TA
grant program. The second phase will evaluate the applicant's knowledge
and ability to provide the management necessary for carrying out a FLH-
TA grant program. Proposals will only compete against other proposals
within the same region. Selection points will be awarded as follows:
Phase I--Statement of Work
The Statement of Work will be evaluated to determine the degree to
which it outlines efficient and measurable monthly and annual outcomes
as follows:
a. The minimum performance requirements of this notice require that
the grantee commit to targeting at least five areas (at least four of
which are in different States). The more areas the applicant commits to
targeting, the more scoring points they will be awarded; however, the
more areas that they commit to targeting, the more loan application
packages they will be expected to submit. The minimum performance
requirements of this grant are based, in part, on the number of areas
the applicant has committed to targeting. The number of areas within
the region that the applicant has committed to targeting for outreach
activities:
(1) 5-7 targeted areas: 0 points
(2) 8 targeted areas: 5 points
(3) 9-10 targeted areas: 10 points
(4) 11-12 targeted areas: 15 points
(5) 13 or more areas: 20 points
b. RHS wants the grantee to cover as much of the grant region as
possible. RHS does not want the grantee's efforts to be concentrated in
a limited number of States. For this reason, additional points will be
awarded to grant proposals that target areas in more than four States
(the minimum requirement is four). The grant proposal commits to
targeting areas in the following number of States:
(1) 4 States: 0 points
(2) 5 States: 5 points
(3) 6 States: 10 points
(4) 7 States: 15 points
(5) More than 7 States: 20 points
(Reminder: Applications only compete within their grant region)
Phase II--Project Management
a. The number of successful multi-family or FLH loan or grant
applications the applicant entity has assisted in developing and
packaging:
(1) 0-5 applications: 0 points
(2) 6-10 applications: 10 points
(3) 11-15 applications: 20 points
(4) 16 or more applications: 30 points
b. The number of groups seeking loans or grants for the development
of multi-family or FLH projects that the applicant entity has provided
training and technical assistance.
(1) 0-5 groups: 0 points
(2) 6-10 groups: 5 points
(3) 11-15 groups: 10 points
(4) 16 or more groups: 15 points
c. The number of multi-family or FLH projects for which the
applicant entity has assisted in estimating development and
construction costs and obtaining the necessary permits and clearances:
(1) 0-5 projects: 0 points
(2) 6-10 projects: 5 points
(3) 11-15 projects: 10 points
(4) 16 or more projects: 15 points
d. The number of times the applicant entity has encountered
community opposition and was able to overcome that opposition so that
farm labor housing was successfully developed.
(1) 0-2 times: 0 points
(2) 2-5 times: 5 points
(3) 6-10 times: 10 points
(4) 11 or more times: 15 points
e. The number of times the applicant entity has been able to
leverage funding from two or more sources for the development of a
multi-family or FLH project.
(1) 0-5 times: 0 points
(2) 6-10 times: 5 points
(3) 11-15 times: 10 points
(4) 16 or more times: 15 points
f. The number of FLH projects that the applicant entity has
assisted with on-going management (i.e., rent-up, maintenance, etc.):
(1) 0-5 FLH projects: 0 points
(2) 6-10 FLH projects: 5 points
(3) 11-15 FLH projects: 10 points
(4) 16 or more FLH projects: 15 points
g. The level of success that the applicant entity has had in
providing assistance to farmworkers (i.e., health, education, housing,
etc.).
Evidence that the applicant has had extensive success in providing
assistance to farmworkers: 20 points.
Evidence that the applicant has had moderate success in providing
assistance to farmworkers: 10 points.
Evidence that the applicant has had limited success in providing
assistance to farmworkers: 5 points.
Tie Breakers--In the event two or more proposals are scored with an
equal amount of points, selections will be made in the following order:
1. If an applicant has already had a proposal selected, their
proposal will not be selected.
2. If there are equally scoring proposals, the lowest cost proposal
will be selected.
[[Page 38502]]
3. Any remaining proposals that are scored equally will be selected
by lottery drawing.
Paperwork Reduction Act
The collection information in this notice have received temporary
emergency clearance by the Office of Management and Budget (OMB) under
Control Number 0575-0181.
However, in accordance with the Paperwork Reduction Act of 1995,
RHS will seek standard OMB approval of the reporting requirements
contained in the Notice and hereby opens a 60-day comment period.
Estimate of Burden: Public reporting burden for this collection is
estimated to be 2.06 hours per response.
Respondents: Private and public nonprofit agencies.
Estimated Number of Respondents: 12.
Estimated Number of Responses per Respondents: 12.
Estimated Number of Responses: 147.
Estimated Total Annual Burden on Respondents: 303.
Copies of this information collection can be obtained from Cheryl
Thompson, Regulations and Paperwork Management Branch, at (202) 692-
0043.
Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Rural Housing Service, including whether the information will have
practical utility; (b) the accuracy of the Rural Housing Service's
estimate of the burden of the proposed collection of information
including the validity of the methodology and assumptions used; (c)
ways to enhance the quality, utility and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
Comments may be sent to Cheryl Thompson, Regulations and Paperwork
Management Branch, U.S. Department of Agriculture, Rural Development,
STOP 0742, 1400 Independence Ave., SW., Washington, DC 20250. All
responses to this notice will be summarized and included in the request
for OMB approval. All comments will also become a matter of public
record.
Dated: June 15, 2000.
James C. Kearney,
Administrator, Rural Housing Service.
Appendix A--Farm Labor Housing Technical Assistance Grant Agreement
[Form Approved OMB No. 0575-0181]
Farm Labor Housing Technical Assistance Grant Agreement
This agreement dated ______ is between ____________, the grantee,
organized and operated under ____________________, and
(authorizing State statute)
the United States of America acting through the Rural Housing Service
(RHS). RHS agrees to grant a sum not to exceed $____________, subject
to the terms and conditions of this agreement; provided, however, that
the grant funds actually advanced and not needed for grant purposes
shall be returned immediately to RHS. The Farm Labor Housing Technical
Assistance (FLH-TA) grant statement of work approved by RHS, is
attached, and shall commence within 10 days of the date of execution of
this agreement by RHS and be completed by (date) ____________.
RHS may terminate the grant in whole, or in part, at any time
before the date of completion, whenever it is determined that the
grantee has failed to comply with the conditions of this grant
agreement or RHS regulations related hereto. The grantee may appeal
adverse decisions in accordance with RHS's appeal procedures contained
in 7 CFR part 11.
In consideration of said grant by RHS to the grantee, to be made
pursuant to section 516 of title V of the Housing Act of 1949, the
grantee will provide such a program in accordance with the terms of
this grant agreement and applicable regulations.
Part A--Definitions
1. ``Beginning date'' means the date this agreement is executed by
both parties and costs can be incurred.
2. ``Ending date'' means the date this agreement is scheduled to be
completed. It is also the latest date grant funds will be provided
under this agreement, without an approved extension.
3. ``Disallowed costs'' are those charges to a grant which RHS
determines cannot be authorized in accordance with applicable Federal
cost principles contained in 7 CFR parts 3015, 3016 and 3019, as
appropriate.
4. ``FLH-TA'' means Farm Labor Housing Technical Assistance, the
purpose for which grant funds are awarded under this agreement.
5. ``Grant closeout'' is the process by which the grant operation
is concluded at the expiration of the grant period or following a
decision to terminate the grant.
6. ``RHS'' means the Rural Housing Service, an agency of the United
States Department of Agriculture.
7. ``Termination'' of the grant means the cancellation of Federal
assistance, in whole or in part, at any time before the date of
completion.
Part B--Terms of Agreement
RHS and the grantee agree that:
1. All grant activities shall be limited to those authorized by
this grant agreement and section 516 of title V of the Housing Act of
1949.
2. This agreement shall be effective when executed by both parties.
3. The FLH-TA grant activities approved by RHS shall commence and
be completed by the date indicated above, unless terminated under part
B, paragraph 18 of this grant agreement, or extended by execution of
the attached ``Amendment'' by both parties.
4. The grantee shall carry out the FLH-TA grant activities and
processes as described in the approved statement of work which is
attached to, and made a part of, this grant agreement. Grantee will be
bound by the activities and processes contained in the statement of
work and the further conditions contained in this grant agreement. If
the statement of work is inconsistent with this grant agreement, then
the latter will govern. A change of any activities and processes must
be in writing and must be signed by the approval official.
5. The grantee shall use grant funds only for the purposes and
activities approved by RHS in the FLH-TA grant budget. Any uses not
provided for in the approved budget must be approved in writing by RHS
in advance.
6. If the grantee is a private nonprofit corporation, expenses
charged for travel or per diem will not exceed the rates paid to
Federal employees or (if lower) an amount authorized by the grantee for
similar purposes. If the grantee is a public body, the rates will be
those that are allowable under the customary practice in the government
of which the grantee is a part; if none are customary, the RHS Federal
employee rates will be the maximum allowed.
7. Grant funds will not be used:
(a) To pay obligations incurred before the beginning date or after
the ending date of this agreement;
(b) For any entertainment purposes;
(c) To pay for any capital assets, the purchase of real estate or
vehicles, the improvement or renovation of the grantee's office space,
or for the repair
[[Page 38503]]
or maintenance of privately owned vehicles;
(d) For any other purpose prohibited in 7 CFR parts 3015, 3016 and
3019, as applicable;
(e) For administrative expenses exceeding 20 percent of the FLH-TA
grant funds; or
(f) For purposes other than to encourage the development of farm
labor housing.
8. The grant funds shall not be used to substitute for any
financial support previously provided and currently available or
assured from any other source.
9. The disbursal of grants will be governed as follows:
(a) In accordance with 31 CFR part 205, grant funds will be
provided by RHS as cash advances on an as needed basis not to exceed
one advance every 30 days. The advance will be made by direct Treasury
check to the grantee. In addition, the grantee must submit Standard
Form (SF) 272, ``Federal Cash Transactions Report,'' each time an
advance of funds is made. This report shall be used by RHS to monitor
cash advances made to the grantee. The financial management system of
the recipient organization shall provide for effective control over and
accountability for all Federal funds as required by 7 CFR parts 3015,
3016, and 3019, as applicable.
(b) Cash advances to the grantee shall be limited to the minimum
amounts needed and shall be timed to be in accord only with the actual,
immediate cash requirements of the grantee in carrying out the purpose
of the planned project. The timing and amount of cash advances shall be
as close as administratively feasible to the actual disbursements by
the grantee for direct program costs (as identified in the grantee's
statement of work and budget and fund use plan) and proportionate share
of any allowable indirect costs.
(c) Grant funds should be promptly refunded to the RHS and redrawn
when needed if the funds are erroneously drawn in excess of immediate
disbursement needs. The only exceptions to the requirement for prompt
refunding are when the funds involved:
(i) Will be disbursed by the recipient organization within 7
calendar days from the date of the Treasury check; or
(ii) Are less than $10,000 and will be disbursed within 30 calendar
days from the date of the Treasury check.
(d) Grantee shall provide satisfactory evidence to RHS that all
officers of the grantee's organization authorized to receive or
disburse Federal funds are covered by fidelity bonds in an amount of at
least the grant amount to protect RHS's interests.
10. The grantee will submit performance, financial, and annual
reports as required by 7 CFR parts 3015, 3016, and 3019, as applicable,
to the appropriate RHS office. These reports must be reconciled to the
grantee's accounting records.
(a) As needed, but not more frequently than once every 30 calendar
days, submit an original and two copies of SF-270, ``Request for
Advance or Reimbursement.'' In addition, the grantee must submit a SF-
272, each time an advance of funds is made. This report shall be used
by RHS to monitor cash advances made to the grantee.
(b) Quarterly reports will be submitted within 15 days after the
end of each calendar quarter. Quarterly reports shall consist of an
original and one copy of SF-269, ``Financial Status Report,'' and a
quarterly performance report summarizing the grantee's activities and
accomplishments for the prior quarter. Item 10, g (total program
outlays) of SF-269, will be less any rebates, refunds, or other
discounts. The quarterly performance report will provide a summary of
the grantee's activities for the prior quarter and their progress in
accomplishing the tasks described in the grantee's statement of work.
The quarterly report will also inform RHS of any problems or
difficulties the grantee is experiencing (i.e., locating sites, finding
feasible markets, gaining public support, etc.). The reports will be
reviewed by RHS for the purpose of evaluating whether the grantee is
accomplishing the objectives of the grant and whether RHS can assist
the grantee in any manner. Quarterly reports shall be submitted to a
designated official at the RHS National office, with a copy of the
report to each State Director within the FLH-TA grant region where the
grantee is operating.
(c) Within 90 days after the termination or expiration of the grant
agreement, an original and two copies of SF-269, and a final
performance report which will include a summary of the project's
accomplishments, problems, and planned future activities of the grantee
under FLH-TA grants. Final reports may serve as the last quarterly
report.
(d) The RHS may change the format or process of the monthly and
quarterly activities and accomplishment reports during the performance
of the agreement.
11. In accordance with Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments (available in any RHS office), compensation for employees
will be considered reasonable to the extent that such compensation is
consistent with that paid for similar work in other activities of the
State or local government.
12. If the grant exceeds $100,000, cumulative transfers among
direct cost budget categories totaling more than 5 percent of the total
budget must have prior written approval of RHS.
13. The results of the program assisted by grant funds may be
published by the grantee without prior review by RHS, provided that
such publications acknowledge the support provided by funds pursuant to
the provisions of title V of the Housing Act of 1949, as amended, and
that five copies of each such publication are furnished to RHS.
14. The grantee certifies that no person or organization has been
employed or retained to solicit or secure this grant for a commission,
percentage, brokerage, or contingency fee.
15. No person in the United States shall, on the grounds of race,
religion, color, sex, familial status, age, national origin, or
disability, be excluded from participation in, be denied the proceeds
of, or be subject to discrimination in connection with the use of grant
funds. Grantee will comply with the nondiscrimination regulations of
RHS contained in 7 CFR part 1901, subpart E.
16. In all hiring or employment made possible by or resulting from
this grant:
(a) The grantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
familial status, age, national origin, or disability,
(b) The grantee will ensure that employees are treated without
regard to their race, religion, color, sex, familial status, age,
national origin, or disability. This requirement shall apply to, but
not be limited to, the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation; and selection
for training, including apprenticeship, and
(c) In the event grantee signs a contract related to this grant
which would be covered by any Executive Order, law, or regulation
prohibiting discrimination, grantee shall include in the contract the
``Equal Employment Clause'' as specified by Form RD 400-1, ``Equal
Opportunity Agreement''.
17. The grantee accepts responsibility for accomplishing the FLH-TA
grant program as submitted and included in its preapplication and
application, including its statement of work. The grantee shall also:
[[Page 38504]]
(a) Endeavor to coordinate and provide liaison with State and local
housing organizations, where they exist.
(b) Provide continuing information to RHS on the status of
grantee's FLH-TA grant programs, projects, related activities, and
problems.
(c) Inform RHS as soon as the following types of conditions become
known:
(i) Problems, delays, or adverse conditions which materially affect
the ability to attain program objectives, prevent the meeting of time
schedules or goals, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a
statement of the action taken or contemplated, new time schedules
required and any RHS assistance needed to resolve the situation.
(ii) Favorable developments or events which enable meeting time
schedules and goals sooner than anticipated or producing more work
units than originally projected.
18. The grant closeout and termination procedures will be as
follows:
(a) Promptly after the date of completion or a decision to
terminate a grant, grant closeout actions are to be taken to allow the
orderly discontinuation of grantee activity.
(i) The grantee shall immediately refund to RHS any uncommitted
balance of grant funds.
(ii) The grantee will furnish to RHS within 90 calendar days after
the date of completion of the grant, SF-269 and all financial,
performance, and other reports required as a condition of the grant,
including a final audit report, as required by 7 CFR part 3015, 3016,
and 3019, as applicable. In accordance with 7 CFR part 3015 and OMB
Circular A-133, audits must be conducted in accordance with generally
accepted government auditing standards.
(iii) The grantee shall account for any property acquired with FLH-
TA grant funds or otherwise received from RHS.
(iv) After the grant closeout, RHS will recover any disallowed
costs which may be discovered as a result of an audit.
(b) When there is reasonable evidence that the grantee has failed
to comply with the terms of this grant agreement, the Administrator (or
his or her designee) can, on reasonable notice, suspend the grant
pending corrective action or terminate the grant in accordance with
part B, paragraph 18(c) of this grant agreement. In such instances, RHS
may reimburse the grantee for eligible costs incurred prior to the
effective date of the suspension or termination and may allow all
necessary and proper costs which the grantee could not reasonably
avoid. RHS will withhold further advances and grantees are prohibited
from further use of grant funds, pending corrective action.
(c) Grant termination will be based on the following:
(i) Termination for cause. This grant may be terminated in whole,
or in part, at any time before the date of completion, whenever RHS
determines that the grantee has failed to comply with the terms of this
agreement. The reasons for termination may include, but are not limited
to, such problems as:
(A) Failure to make reasonable and satisfactory progress in
attaining grant objectives.
(B) Failure of grantee to use grant funds only for authorized
purposes.
(C) Failure of grantee to submit adequate and timely reports of its
operation.
(D) Violation of any of the provisions of any laws administered by
RHS or any regulation issued thereunder.
(E) Violation of any nondiscrimination or equal opportunity
requirement administered by RHS in connection with any RHS programs.
(F) Failure to maintain an accounting system acceptable to RHS.
(ii) Termination for convenience. RHS or the grantee may terminate
the grant in whole, or in part, when both parties agree that the
continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds. The two parties
shall agree upon the termination conditions, including the effective
date and, in case of partial termination, the portion to be terminated.
(d) RHS shall notify the grantee in writing of the determination
and the reasons for and the effective date of the suspension or
termination. Except for termination for convenience, grantees have the
opportunity to appeal a suspension or termination in accordance with 7
CFR part 11.
19. Upon any default under its representations or agreements
contained in this instrument, the grantee, at the option and demand of
RHS, will repay to RHS forthwith the grant funds received with interest
at the rate of 5 percent per annum from the date of the default. The
provisions of this grant agreement may be enforced by RHS, at its
options and without regard to prior waivers by it or previous defaults
of the grantee, by judicial proceedings to require specific performance
of the terms of this grant agreement or by such other proceedings in
law or equity, in either Federal or state courts, as may be deemed
necessary by RHS to assure compliance with the provisions of this grant
agreement and the laws and regulations under which this grant is made.
20. Extension of this grant agreement, modifications of the
statement of work, or changes in the grantee's budget may be approved
by RHS provided, in RHS's opinion, the extension or modification is
justified and there is a likelihood that the grantee can accomplish the
goals set out and approved in the statement of work during the period
of the extension and/or modifications.
21. The provisions of 7 CFR parts 3015, 3016, and 3019, as
applicable, are incorporated herein and made a part hereof by
reference.
Part C--Grantee Agrees
1. To comply with property management standards for expendable and
nonexpendable personal property established by 7 CFR parts 3015, 3016,
and 3019.
2. To provide a financial management system which will include:
(a) Accurate, current, and complete disclosure of the financial
results of each grant. Financial reporting will be on a cash basis. The
financial management system shall include a tracking system to insure
that all program income, including loan repayments, are used properly.
The standards for financial management systems are contained in OMB
Circular A-110 and 7 CFR 3015.
(b) Records which identify adequately the source and application of
funds for grant supported activities. Those records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
(c) Effecting control over and accountability for all funds,
property, and other assets. Grantee shall adequately safeguard all such
assets and shall assure that they are solely for authorized purposes.
(d) Accounting records supported by source documentation.
3. To retain financial records, supporting documents, statistical
records, and all other records pertinent to the grant for a period of
at least 3 years after the submission of the final performance report,
in accordance with part B, paragraph 10(c) of this grant agreement,
except in the following situations:
(a) If any litigation, claim, audit, or investigation is commenced
before the expiration of the 3-year period, the records shall be
retained until all litigation, claims, audits, or investigative
findings involving the records have been resolved.
[[Page 38505]]
(b) Records for nonexpendable property acquired by RHS, the 3-year
retention requirement is not applicable.
(c) When records are transferred to or maintained by RHS, the 3-
year retention requirement is not applicable.
(d) Microfilm copies may be substituted in lieu of original
records. RHS and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the grantee which are
pertinent to the specific grant program for the purpose of making
audits, examinations, excerpts, and transcripts.
4. To provide information as requested by RHS concerning the
grantee's actions in soliciting citizen participation in the
applications process, including published notices of public meetings,
actual Public meetings held, and content of written comments received.
5. Not to encumber, transfer, or dispose of the property or any
part thereof, furnished by RHS or acquired wholly or in part with FLH-
TA grant funds without the written consent of RHS.
6. To provide RHS with such periodic reports of grantee operations
as may be required by authorized representatives of RHS.
7. To execute Form RD 400-1 and Form RD 400-4, ``Assurance
Agreement,'' and to execute any other agreements required by RHS to
implement the civil rights requirements.
8. To include in all contracts in excess of $100,000, a provision
for compliance with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, 42 U.S.C. 1857(h). Violations
shall be reported to RHS and the Regional Office of the Environmental
Protection Agency.
9. That no member of Congress shall be admitted to any share or
part of this grant or any benefit that may arise therefrom, but this
provision shall not be construed to bar as a contractor under the grant
a public-held corporation whose ownership might include a member of
Congress.
10. That all nonconfidential information resulting from its
activities shall be made available to the general public on an equal
basis.
11. That the grantee shall relinquish any and all copyrights and
privileges to the materials developed under this grant, such material
being the sole property of the Federal Government. In the event
anything developed under this grant is published in whole or in part,
the material shall contain a notice and be identified by language to
the following effect: ``The material is the result of tax-supported
research and as such is not copyrightable. It may be freely reprinted
with the customary crediting of the source.''
12. That the grantee shall abide by the policies contained in 7 CFR
parts 3015, 3016, or 3019, as applicable, which provide standards for
use by grantees in establishing procedures for the procurement of
supplies, equipment, and other services with Federal grant funds.
13. That it is understood and agreed that any assistance granted
under this grant agreement will be administered subject to the
limitations of section 516 of title V of the Housing Act of 1949 and
that all rights granted to RHS herein or elsewhere may be exercised by
it in its sole discretion to carry out the purposes of the assistance,
and protect RHS's financial interest.
14. That the grantee will adopt a standard of conduct that provides
that, if an employee, officer, or agency of the grantee, or such
person's immediate family members conducts business with the grantee,
the grantee must not:
(a) Participate in the selection, award, or administration of a
contract to such persons for which Federal funds are used;
(b) Knowingly permit the award or administration of the contract to
be delivered to such persons or other immediate family members or to
any entity (i.e., partnerships, corporations, etc.) in which such
persons or their immediate family members have an ownership interest;
or
(c) Permit such person to solicit or accept gratuities, favors, or
anything of monetary value from landlords or developers of rental or
ownership housing projects or any other person receiving FLH-TA grant
assistance.
15. That the grantee will be in compliance with and provide the
necessary forms concerning the Debarment and Suspension and the Drug-
free Workplace requirements.
Part D--RHS Agrees
1. That it will assist the grantee, within available
appropriations, with such technical and management assistance as needed
in coordinating the statement of work with local officials,
comprehensive plans, and any State or area plans for improving housing
for farmworkers.
2. That at its sole discretion, RHS may at any time give any
consent, deferment, subordination, release, satisfaction, or
termination of any or all of the grantee's grant obligations, with or
without valuable consideration, upon such terms and conditions as the
grantor may determine to be:
(a) Advisable to further the purposes of the grant or to protect
RHS's financial interests therein; and
(b) Consistent with the statutory purposes of the grant and the
limitations of the statutory authority under which it is made and RHS's
regulations.
Part E--Attachments
The grantee's statement of work is attached to and made a part of
this grant agreement.
This grant agreement is subject to current RHS regulations and any
future regulations not inconsistent with the express terms hereof.
Grantee has caused this grant agreement to be executed by its duly
authorized ____________ properly attested to and its corporate seal
affixed by its duly authorized ____________.
Attest:
Grantee:
By:
____________________________
____________________________
(Title)
Date of Execution of Grant Agreement by Grantee:
____________________________
United States of America
Rural Housing Service
By:
____________________________
____________________________
Date of Execution of Grant Agreement by RHS:
____________________________
Form Approved
OMB No. 0575-0181
Amendment To Farm Labor Housing Technical Assistance Grant Agreement
This amendment between ____________, herein called the ``Grantee,''
and the United States of America acting through the Rural Housing
Service, Department of Agriculture, herein called ``RHS,'' hereby
amends the Farm Labor Housing Technical Assistance Grant Agreement
originally executed by said parties on ____________.
Said grant agreement is amended by extending the ending date of the
grant agreement to ____________, or by making the following changes
noted in the attachments hereto (list and identify proposals) and any
other documents pertinent to the grant agreement which are attached to
this amendment.
The grantee has caused this ``Amendment To Farm Labor Housing
Technical Assistance Grant Agreement'' to be executed by its duly
authorized ________ properly attested to and its corporate seal affixed
by its duly authorized ________________.
[[Page 38506]]
Attest:
Grantee:
By:
____________________________
(Title)
Date of Execution of Amendment to Grant Agreement by Grantee:
____________________________
United States of America
Rural Housing Service:
By:
____________________________
____________________________
(Title)
Date of Execution of Amendment to Grant Agreement by RHS:
________________.
[FR Doc. 00-15651 Filed 6-20-00; 8:45 am]
BILLING CODE 3410-XV-U
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