Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department shall enter into a written contract, known as the "Standard Agreement" directly with the Subrecipient.
(1) For the Administrative Entity, the Standard Agreement will follow receipt of funding recommendations from an Administrative Entity and certification by the Administrative Entity that the proposed activities meet federal and State requirements pursuant to sections 8403, 8408, and 8409. The Department may require documentation to verify the accuracy of the information provided.
(2) For funding recommendations made pursuant to sections 8403(a)(2) and 8404(a)(2), the Standard Agreement will follow after receipt of these recommendations from the Continuum of Care, and verification by the Department that the requirements of these sections have been met.
(3) For applications funded pursuant to the NOFA, the Standard Agreement will follow the funding award by the Department.
(b) The Standard Agreement will require the Subrecipient to comply with the requirements and provisions of the Act, 24 CFR Part 576, these regulations, and generally applicable State contracting rules and requirements.
(c) The Standard Agreement will include the items specified in this section:
(1) A clear and accurate identification of the Subrecipient under contract with the Department;
(2) The geographic area in which the activity or activities are to be provided.
(3) The amount of the Grant, including budget detail sufficient for the Department to enter into HUD's financial management system ("IDIS"), and to ensure eligibility of expenses; the basis upon which payment is to be made; and the process by which the Subrecipient must request payment;
(4) A clear and complete statement of the activities and services the Subrecipient will perform and provide or, for an Administrative Entity, cause to be performed and provided. For an Administrative Entity, the information on activity, services, and budget will be reflected for each of its selected providers;
(5) Timeframes for the performance of approved Eligible activities as required pursuant to 24 CFR 576.203.
(d) The Department may approve modifications to the Standard Agreement as described below.
(1) The Administrative Entity may propose to change the funded provider or Eligible activity consistent with section 8403 if necessary to meet the requirements of this Chapter or to expend its funding allocation. Any change must still comply with the requirements in sections 8408 and 8409.
(2) A Subrecipient shall notify the Department of any line item changes to the budget needed for the Department to update IDIS. For line item changes representing more than 25 percent of the overall budget, a contract amendment is required. Changes must still comply with the requirements in sections 8408 and 8409.
(e) The following performance requirements shall appear in each Standard Agreement and shall include additional provisions specific to each Subrecipient:
(1) Reporting requirements pursuant to section 8413; and
(2) Requirements for fiscal management in accordance with generally accepted accounting standards and federal fiscal requirements.
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
2. Repealer of former section 8411 and renumbering of former section 8412 to new section 8411, including amendment of section heading, section and NOTE, filed 2-25-2016; operative 4-1-2016 (Register 2016, No. 9).
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24 C.F.R. 576.203.
